Terms of service

Terms of Use

These Terms of Use apply to the www.monacofit.com website (hereinafter in the meaning of the online environment, the Portal), all other services and products, including the MonacoFit mobile app (hereinafter, the App) and all the content that is part of the Service (hereinafter, the Service), provided by MONACOFIT SIA, registration number: 40203101904, registered address: Rīga, Brīvības iela 140 - 4, LV-1012, Latvija, and its authorised companies (hereinafter, the Service Provider).

The Terms of Use of the Portal (hereinafter, the Terms) are binding on all persons who use the Portal, regardless of whether the person concerned is a registered user in the Portal or not (hereinafter, the User).

By using the Service, the User agrees and confirms that he or she is at least 18 years old or uses the Service under the supervision of a parent or guardian who is familiar with and agrees to these Terms.

The parents or guardians of a User who is under the age of 18 agree to and take full responsibility for the fact that the User who is under the age of 18 uses the Service, including, but not limited to, responsibility for the payments made and legal responsibility.

The Terms of the Portal take effect simultaneously with the use of the Service, including visits to the Portal. If a User uses the Portal or the app of the Portal on mobile devices or performs any activities therein, it is deemed that the User concerned is familiar with the Terms effective at the time of use and agrees to observe them.

A User who does not agree to any of the provisions of these Terms is not entitled to use the Portal.

These Terms apply to any matters not subject to legislative acts of the Republic of Latvia on the use of services, and they constitute a complete agreement between the Service provider and the User. If a court has deemed any of the provisions in these Terms as void or unenforceable, the remaining provisions of these Terms remain in force.

The Service provider retains the right to amend and\/or change the Terms unilaterally at any time, without notifying the User thereof. These Terms take effect upon publication thereof in the Portal. The User of the Portal has a responsibility to keep up and be familiar with the Terms of the Portal and to observe them.

This Agreement is concluded for an indefinite period of time, and the Service provider retains the right to terminate the obligations to the User of the Portal unilaterally, without giving prior notice.

Service

The Service involves participation in a programme that includes information related to a healthy lifestyle, diet and physical activity. The information published on the Portal is informative, and it cannot replace professional medical help, diagnosis or treatment. If the User has concerns about the information received on the Portal or has questions about his or her health, the User must consult a doctor or other healthcare professional. The User uses the Portal and the information provided therein at his or her own risk and responsibility.

By using the Service and the Portal, the User agrees and confirms that he or she is in good physical condition to perform intense physical activities and follow a general nutrition plan. The Service may not be suitable or recommended for all people with disabilities, including, but not limited to, pregnant women or people with a specific medical condition or special dietary needs.

The Service, including, but not limited to, workout and nutrition plans, may be adapted to the answers that the User has provided in the test offered on the Portal. Therefore, the Service provider encourages Users to be as honest and truthful as possible in answering all of the questions.

Before the User starts using the Service, the User confirms that his or her participation in the Service has been specifically confirmed and allowed by a doctor or all of the following statements are true:

no doctor has ever informed the User that the User has a heart condition or that the User should only perform such physical activities that are recommended by a doctor;

the User has never felt pain in the chest when engaging in physical activities;

the User has not felt pain in the chest during the last month without physical activity;

the User has never lost balance due to dizziness and has never lost consciousness;

the User has no bone or joint problems that could intensify by changing physical activities;

a doctor does not currently prescribe medication to the User to treat hypertension or cardiac dysfunction;

the User does not have a history of high blood pressure, and none of the User’s immediate family members have experienced constant problems with hypertension or cardiac dysfunction;

the User is not pregnant, breast-feeding or in the lactation period;

the User does not have high cholesterol, diabetes and risk of obesity;

the User does not have any type of arthritis;

the User has no knowledge of any reasons why the User could not engage in physical activities and follow nutrition plans.

The User must immediately stop using the Service if, at any moment while using the Service, the User feels unwell, and must seek medical help if necessary.

Although the Service provider gives guidelines, such as written descriptions, pictures or video clips with descriptions how to perform specific exercises or activities, the User assumes full responsibility for performing these exercises and activities correctly.

The Service may include, but is not limited to, programmes, email services, messages and message boards, chat zones, newsgroups and downloadable mobile apps related to the services available on the Portal.

The Portal may contain links to third-party websites or services whose content the Service provider is not responsible for. The Service provider is not liable for any losses incurred by the Users on third-party websites.

Quality of the Service

The Service is provided as is, which means that the Service provider does not guarantee that:

the Service meets the User’s requirements;

the Service is free from technical faults, technical interruptions and security holes;

the Service will be available at any time and place.

The Service is provided in the form of information and may not be considered as a doctor’s advice, recommendation or instruction.

Although designed individually, the Service provider’s nutrition and activity plans do not constitute medical advice, diagnosis or treatment.

The Service provider retains the right to terminate cooperation with the User unilaterally at any time and for any reason, including cases of suspicion that the User has indicated false data in the registration form or suspicion that the User has purchased the Service by fraudulent means.

Information on Services in the Portal is constantly updated, changed and improved. Therefore, the prices, descriptions and other information regarding the services available on the Portal may be inaccurate or incomplete.

The User’s account

To use the Service, the User must register on the Portal by filling out the registration form. The User is responsible for maintaining this account and not transferring access to this account to other individuals.

By becoming a User on the Portal, the User agrees to the processing of data indicated on his or her profile. After opening an account on the Portal, the User is responsible for the use of this account.

Each User account on the Portal is created for each User individually and is intended for individual use; the User is not entitled to pass his or her account for use to another person.

The Service provider has the right to suspend the User’s account without the possibility for a refund if:

the User has indicated false, inaccurate data during registration;

the User has passed his or her account for use to another person;

there is suspicion of fraud, or unauthorised or unlawful transactions;

the User has violated the Terms of the Portal in any other way.

The Service provider is not liable for the suspension or termination of the User’s account.

The Service provider also offers a PRO Service account that includes such additional options as direct contact with a nutrition expert and trainer, additional training plans and other options. If a User decides to start using this Pro account, the User must specify and provide information on the desired payment type (for example, by credit card, PayPal or any other payment method offered by the Service provider).

After activating the User’s Pro account status, the User agrees that the subscription fee for the PRO Service will be charged automatically, depending on the payment method that the User has chosen. The User agrees that this fee will be automatically charged from the User’s account once a month, until the User terminates his or her participation in the programme. The User agrees to cover all subscription fees and other charges related to the User’s PRO Service account.

The User has the right to terminate or delete his or her User account by taking the relevant steps on the Portal or sending the Service provider a message to body@monacofit.com about the wish to terminate the account.

After deleting the User account, the Service provider has the right to delete all the information on the User, including, but not limited to, nutrition plans, weight analysis and online consultations with a nutrition expert.

Technical process of purchasing the Service

To receive the Services offered on the Portal, the User must sign up in accordance with the registration procedures specified for the Portal.

When filling out the registration form, the User must provide true, complete and up-to-date information.

To sign up on the Portal and receive the Service, the User must take these or other (as instructed on the Portal) steps:

take the test available on the Portal;

after taking the test, specify his or her email that the Service provider will use to send information on receiving the Service;

if the User wishes to start using the PRO Service account with an automatic monthly payment, the User must:

choose the most appropriate payment system to pay for the Service;

take all the necessary steps to pay for the Service;

fill out the registration form.

After a successful payment and after taking the test, the User will receive an email notification on the successful registration for participation in the programme and access to the Service.

Paying for the Service

To receive the Services available on the Portal, the User agrees to provide the necessary information for success of the payment transaction for the Service, including, but not limited to, the account or credit card number, information on the validity term of the credit card and\/or the first name, surname and personal identity number of the billed person.

By paying for the Services, the User acknowledges and guarantees that:

he or she has the right to use the credit card or another payment method linked to settlements for the Service;

the information provided is true, correct and complete.

By providing the information specified in Article 5 of these Terms, the User provides the Service provider with the right to transfer these data to third parties to ensure a complete payment for the Service.

Refund of the money paid for the Service

Users have the right to request a full refund of the money paid within 30 days of the payment for the Service, unless otherwise specified on the Portal or in the Service description. To return the money paid, the User must contact the Service provider by sending an email to body@monacofit.com and attaching documents confirming the payment and a request to return the money paid.

If a User registered on the Portal is, for some reason, dissatisfied with the results achieved, the Service provider guarantees the refund of the money paid on the same business day after receipt of the request.

The User may, at his or her discretion and free of charge, cancel the Service at any time in his or her Service profile, in the Profile section, or by requesting MonacoFit.com to terminate the Service by phone 0037123271233 or email body@monacofit.com. Upon cancelling the Service, MonacoFit.com stops the automatic payments from the User’s card and may immediately and irretrievably delete all of the User’s information, including the slimming analysis, all of the consultations provided, slimming plans, menus and workout plans.

Contests, special offers and promotions

By entering his or her private data in the Portal, including, but not limited to, an email address and\/or telephone number, the User agrees to receive information from the Service provider and the Service Provider’s partners regarding various types of Portal-related news, promotional campaigns and other services via email, telemarketing or any other format offered by the Service provider.

Any types of contests or other special offers (hereinafter, Promotions) available on the Portal may be regulated separately from these Terms. Before taking part in Promotions, the Users are encouraged to read the binding regulations of the Promotions. If the regulations of a Promotion conflict with these Terms, the regulations of the particular Promotion shall prevail.

The User may refuse to receive Promotions at any time by following the relevant instructions or writing to the Service provider’s email: body@monacofit.com.

Intellectual property

The Service provider holds exclusive rights to all the information found on the Portal; therefore, any processing of the content or design, further dissemination of data and\/or other type of use and further dissemination of the information from the Portal by third parties without the Service provider’s permission or written consent constitute a violation of copyright and other rights, which is punishable under the laws of the Republic of Latvia.

In case of violations of intellectual property rights, the Service provider has the right to prosecute the perpetrator who is fully responsible for any damages that have been or could be caused to the Service provider and third parties (including the loss of profit).

The Service provider’s responsibility

The Service provider is not liable for any damages incurred by the User in the event that the User has not complied with the Terms of the Portal and\/or has not complied with the recommendations of the Service provider’s specialists.

The Service provider is not liable for any damage caused to the User or third parties as a result of following the menus included in the Service or other materials provided on the Portal.

The Service provider is not in any way liable for actions of the Users and losses caused to third parties.

Data protection

All of the Users’ personal data and personal identification codes entered in the Portal are protected in accordance with the legal acts of the Republic of Latvia. These data are processed in compliance with the general principles of the processing of personal data laid down by the legislation of the Republic of Latvia.

The Service provider has the right to publish and use the materials received from the User, unless the User him- or herself has prohibited this. This does not apply to personal data or private information that is considered confidential.

Settlement of disputes

All disputes between the Service provider and the User are resolved by negotiation. In case of a failure to resolve the disputes this way, they will be resolved in a court of the Republic of Latvia in accordance with the Terms and the legal acts of the Republic of Latvia, without taking into account the principles of conflict of laws that might establish the application of the laws of another country.

Privacy policy

The MONACOFIT SIA Privacy Policy specifies how MONACOFIT SIA, reg. No.: 40203101904, legal address: Rīga, Brīvības iela 140 - 4, LV-1012, Latvia, hereinafter in the text in the meaning of online environment, ‘the Portal’, uses information and the ways how you as a user of the Portal can protect your confidentiality.

By using the services of the Portal, you entrust your information to the Portal. This Privacy Policy is designed to help you understand what information we collect on the Portal, why the Portal collects it and how it is used.

The information you share is used to provide you with high quality services: from establishing such basic aspects as the language you use to much more complicated matters, such as providing you with a fitness and nutrition plan, online consultations, as well as sending you news and discount offers. Unfortunately, without receiving personal data from you, we cannot provide you with the services available on the Portal.

Use and processing of the information collected

The Portal uses your information in various ways. What the Portal does depends on the type of information. A detailed explanation of what the Portal does, what personal data it stores and why is available below.

What information we use and how we use it

Why?

Your age, weight, height, gender and habits. For this purpose, the Portal stores your data no longer than 2 (two) years after the communication.

The Portal needs this information to fulfil the terms of the contract concluded by the Parties. The Portal cannot send you adapted nutrition plans and fitness plans (provide a service) without using your information.

To send information on our new products and services via email, text messages, as well as Facebook and GMAIL apps. For this purpose, the Portal stores your data no longer than 2 (two) years after you withdraw your consent.

To provide you with the latest information. The Portal is going to send you this information only with your consent.

To send service notifications via text messages, emails or through our apps. For this purpose, the Portal stores your data no longer than 1 (one) year after the communication.

The Portal uses this information to fulfil the terms of the contract concluded between the Parties.

To detect and prevent fraud. For this purpose, the Portal stores your data no longer than 3 (three) years after the date when you last signed in to your account, or no longer than 10 (ten) years after the date of execution of the transaction (whichever date is later).

To detect and prevent fraud against you or the Portal and to ensure the protection of legitimate interests of the Portal.

For the purposes of visitor segmentation. For this purpose, the Portal stores your data no longer than 2 (two) years after you give your consent or when you withdraw this consent.

To provide you with information that better matches your interests. Instead of a general message, you will receive information on topics of your interest. The Portal is going to send you this information only with your consent.

To receive payments and make refunds. For this purpose, the Portal stores your data no longer than 10 (ten) years after the date of execution of the transaction.

The Portal needs to do this to fulfil the terms of the contract concluded between the Parties.

To provide services and support to clients. For this purpose, the Portal stores your data no longer than 1 (one) year after such communication.

The Portal needs to do this to fulfil the terms of the contract concluded between the Parties.

Information on the history of your purchases and activities. For this purpose, the Portal stores your data no longer than 3 (three) years after the date when you last signed in to your account or after the date of your last payment (whichever date is later).

The Portal needs to do this to fulfil the terms of the contract concluded between the Parties (we only use your payment history for this purpose). The Portal needs to do this to provide you with services and support and to process returned services.

Information that you provide to the Portal when you browse the website of the Portal or use the apps of the Portal, including your IP address, device type, screen resolution and, if you agree to share it, also your location information and the way how you use our website and apps. For this purpose, the Portal stores your data no longer than 10 (ten) years after the date of execution of the transaction.

The Portal needs to do this to provide you with the best possible shopping experience, detect and prevent fraud against you or the Portal and protect the legitimate interests of the Portal. The Portal uses the data for analysis and evaluation to understand how the services of the Portal are used. For example, the Portal analyses data on visits of the Portal to streamline its design. The Portal uses data on promotions that you interact with to understand the outcomes of promotional campaigns. Various tools are used for this purpose, including Google Analytics.

The Portal uses the information it collects to maintain, protect and improve existing services, design new services and protect the users of the Portal.

The Portal processes personal information on its servers located in the European Union.

You are not obliged to provide any personal information to the Portal. However, if you do not provide it, you may not be able to make purchases, as well as buy and use the service.

The Portal is entitled to process your personal data in accordance with the terms of this Privacy Policy if it is necessary to pursue claims or provide protection in the event of claims irrespective of whether the claims are brought to court, whether they are administrative in nature or whether they are submitted as part of another out-of-court procedure. For this reason, the Portal processes your personal data in accordance with legitimate interests, as well as to protect and ensure the exercise of the rights of the Portal, as well as your and other person’s rights. In the cases mentioned in this article, your data may be processed for a period exceeding the retention terms specified in the Privacy Policy.

In addition to the purposes that are contained in the Privacy Policy and that entitle the Portal to process your personal data as described above, the Portal is also entitled to process your personal data in cases when such processing is necessary to comply with the legal obligations of the Portal or to protect your vital interests or another individual’s vital interests.

For the performance of the contract, the email address you specified will be included in the database and may be used to send notifications/reminders.

Transparency, choice and transfer of data to third parties

The Portal aims to clearly indicate what information the Portal collects, so that you could make an informed choice regarding the use of the information collected.

The service of the Portal named ‘Profile’ allows you to review and control information of certain types related to your account on the Portal.

The user may block all cookies on his or her browser, including cookies related to the services of the Portal. However, it is important to consider that some services of the Portal may not work correctly if cookies are disabled.

The Portal is entitled to share your data with third parties in the following cases:

The Portal is entitled to disclose your personal data to professional consultants to manage risks, obtain professional advice, or enforce or provide protection in the event of claims.

The payment service providers of the Portal may process financial transactions related to the purchase of services or goods on the Portal. The Portal shares your transaction information with the payment service providers of the Portal only to the extent necessary for your payments, refunds and complaints.

The Portal is entitled to disclose your personal data to other service providers to provide specific services. For example, delivery companies, server and their maintenance providers, email service providers. In the event of subcontracting, the Portal will take any necessary measures to ensure that the handlers of the data of the Portal maintain the confidentiality of personal data.

In addition, the Portal is entitled to disclose your personal data to fulfil the legal obligations of the Portal and, if necessary, protect your or other persons’ vital interests.

Third parties mentioned in this Privacy Policy may be registered also outside of the European Union or European Economic Area. If the Portal sends your personal data to such persons, the Portal will take any necessary measures to ensure adequate protection of your privacy.

Your rights

You have the following rights regarding your personal information:

the right to access the personal information at the disposal of the Portal;

the right to request the correction of inaccuracies in your personal information at the disposal of the Portal (however, you can correct most of the information in the Profile section);

the right to request the erasure of your data;

the right to restrict the processing of data;

the right to object to the processing of data;

the right to data portability;

the right to lodge a complaint with a supervisory authority;

the right to withdraw consent.

If you wish to exercise your rights, lodge a complaint or if you have questions, please contact us using the email address body@monacofit.com or calling to 00371 23271233.

You have the right to correct any of your data that are inaccurate, and, considering the purposes of processing, you have the right to supplement any data that are incomplete.

You have the right to erase your personal data if:

the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

you withdraw your consent, and there is no other legal ground for the processing;

you object to the processing pursuant to individual data protection rules;

the processing is done for marketing purposes;

the personal data have been unlawfully processed.

Unfortunately, your data will not be erased from the database of the Portal if, after receiving your request, the Portal finds that:

your personal data are necessary to reach the aims for which they were collected or processed;

you have not withdrawn your consent to the processing of your personal data;

you have not agreed to the processing of your personal data, but such processing is necessary to protect the legitimate interests of the Portal;

European Union and national law obliges the Portal to process your personal data;

The Portal needs to process your data for the application, exercise or defence of legal claims.

Cases when you have the right to restrict the use of your personal data:

you contest the accuracy of personal data;

the data processing is unlawful, and you oppose the erasure of the personal data;

the Portal no longer needs the personal data for the purposes of processing, but you need them for the establishment, exercise or defence of legal claims;

you object to processing in accordance with public or legitimate interests pending the verification of such an objection.

Where processing has been restricted in accordance with the above, the Portal is entitled to continue storing your personal data. However, the Portal is going to process them only:

with your consent;

for the establishment, exercise or defence of legal claims;

to protect the rights of another natural or legal person;

for the purpose of important reasons of public interest.

You may request the erasure of your personal data in the following ways:

on your personal Portal account by notifying the nutrition specialist;

by emailing us a request to body@monacofit.com;

by notifying the Portal’s Customer Support Service by phone: 00371 23271233.

You have the right to object to the processing of your personal data by the Portal on grounds relating to your particular situation. However, this is possible only to the extent that the processing of data is necessary to perform a task in public interests or in accordance with the legitimate interests of the Portal or a third party. If you object to such processing, the Portal will stop processing personal information, unless the Portal is able to demonstrate legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing is necessary for the establishment, exercise or defence of legal claims.

You have the right to object to the processing of your personal data by the Portal on grounds relating to scientific or historical research purposes or statistical purposes. If you object to such processing, we will stop the processing of personal information, unless the processing is required for the performance of a task carried out in the public interest.

Right to data portability. To the extent that the legal reason for the processing by the Portal is:

your consent;

the performance of a contract or performance of operations upon your request prior to the conclusion of the contract. You have the right to receive your personal data from the Portal in a structured, commonly used and machine-readable format. However, these rights are not available if their exercise has a negative impact on the rights and freedoms of other persons.

If you believe that the processing of personal information on the Portal violates data protection rules, you have the right to lodge a complaint with the Data State Inspectorate by sending it to the address: Blaumaņa iela 11/13, Riga, LV-1011, http://www.dvi.gov.lv/en/.

Information regarding marketing announcements

If you have given your consent, the Portal will send you marketing announcements via email or text messages to provide you with the latest information on the services provided by the Portal or the cooperation partners of the Portal.

You may opt out of marketing notifications from the Portal at any time.

You can do it in the following way:

Click the link ‘To unsubscribe from further emails, click here’ in any email message.

Contact our Customer Service Team by emailing to body@monacofit.com or calling to 00371 23271233.

If you opt out of marketing notifications, the Portal will update your profile to make sure that you do not receive such notifications in the future.

Please consider the fact that the Portal has a wide interconnected network of services, so it may take a few days for the information to be renewed on all our systems, and you may receive notifications from us while we process your request.

Use of cookies

Like other sites, the Portal also uses cookies. Cookies are small data files that allow the Portal to provide you with a faster and more secure experience of using websites. When you visit or communicate on the Portal, the service sections, apps, tools or chat rooms, the Portal or the service providers authorised by the Portal may use cookies to provide you with a faster and more secure experience of using websites, as well as for promotional purposes.

Cookies may contain information that could identify the user, while your personal information at our disposal may be linked with the information obtained from or stored by cookies.

The Portal uses cookies:

for session management and user authentication;

to ensure website functionality;

to gain statistical data on the flow of visitors on the website: the number of visitors and the time spent on the site;

to make the Portal more efficient;

to determine your habits.

Since the Portal uses cookies to track your habits, the Portal notifies you of the use of cookies and asks for your consent to our use of cookies in accordance with the requirements of the law.

You can delete cookies of your choice (for more information, see www.youronlinechoices.com/lv).

You can delete all of the cookies that have already been saved on your computer. You can also configure your browser so that it does not allow the storage of cookies, but this requires you to manually select the option each time you visit the Portal.

The Portal cannot guarantee that all of the services on the Portal will run faultlessly with the cookies disabled.

The Portal uses targeted (commercial) cookies to individualise your browsing experience and the content displayed to you, as well as to show you offers that are relevant specifically for you. The targeted cookies are used to analyse your browsing history, and these data are used to provide you with commercial offers.

The Portal has a list of carefully checked and selected partners that have implemented additional cookies that cannot reach your personal data and that cannot link you to a specific person, but ensure impeccable service provision.

Amendments to the Privacy Policy

If the Portal implements significant changes to this Privacy Policy, the Portal will notify you of that on the Portal or by other means, such as email, so that you could review the changes before continuing to use our website.